Abortion
Facts Common 22% of all pregnancies (not including miscarriages) 3 in 10 American women have one by age 45 61% have one or more children 42% have income below poverty level 78% report religious affiliation 36% white, 30% African American, 25% Hispanic
Pro-Choice Pro-Life Woman has a right to her body Government doesn't have right to force women to have a child Pregnancy is a risk and responsibility Cuts down on crime and lowers welfare recipients Life begins at conception Killing child Psychological damage Religious reasons
Roe v. Wade (1973) Constitutional right to an abortion Right to privacy under 9th and 14th amendments Fetus is not a person by “potential life” thus not constitutional rights of its own State can regulate 3rd trimester, 2nd only to protect health of women, but cannot regulate 1st trimester
Harris v. McRae (1980) Court upheld “Hyde Amendment” Restricted public funds to only when mothers life endangered Since 1994 the amendment has permitted funding where pregnancy result of incest or rape
City of Akron v. Akron Center for Reproductive Health (1983) Court invalidated consent requirements and 24hr waiting period Also invalidated law requiring abortions after first trimester to be performed at a hospital And one requiring fetus to be buried
Webster v. Reproductive Health Services (1989) Court upheld Missouri law which denied state funding and state employee participation in performing or counseling for abortion Did not uphold provision for tests for fetal viability before aborting fetus 20 weeks or older
Planned Parenthood of Southeastern Pa. v. Casey (1992) States could require parental consent for a minor’s abortion (judicial bypass available) Require waiting between seeking and obtaining an abortion Cant requiring giving notice to husband Abandoned trimester framework and replaced with viability tests
Sternberg v. Carhart (2000) Ruled unconstitutional on Nebraska’s ban on partial-birth abortion Stricken down due to absence of an exception to the ban for “health of the mother” and description of procedure “vauge”
Hill v. Colorado (2000) Colorado statute was upheld prohibiting sidewalk counseling within 100 feet of “health care facility” Illegal to approach within 8 feet to “counsel, show sign, or pass out leaflet”
Nationally Freedom of Access to Clinic Entrance Act Federal crime to intimidate abortion providers or women seeking abortions
States prohibiting by Consent laws Trans-vaginal ultrasounds State scripted “education” Waiting Periods Not licensing doctors to administer abortion Requiring facilities to meet standards higher than surgical operating rooms
States non prohibiting Allow third trimester abortion in cases of mothers health, rape, incest Also allowed if child not viable or would be too disabled to “function” No parental consent